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(A) Permitted Use. Small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in (C)(9) regarding Height Exceptions or Variances, but not subject to zoning review or approval if they are collocated:
(1) in rights-of-way in any zoning district, or
(2) outside rights-of-way in property zoned exclusively for commercial or industrial use.
(B) Permit Required. An applicant shall obtain one or more permits from the City to collocate a small wireless facility. An application shall be received and processed, and permits issued shall be subject to the following conditions and requirements:
(1) Application Requirements. A wireless provider shall provide the following information to the City, together with the City’s Small Cell Facilities Permit Application, as a condition of any permit application to collocate small wireless facilities on a utility pole or wireless support structure:
(a) Site specific structural integrity and, for a municipal utility pole, make-ready analysis prepared by a structural engineer, as that term is defined in § 4 of the Structural Engineering Practice Act of 1989;
(b) The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted or location where utility poles or structures would be installed. This should include a depiction of the completed facility;
(c) Specifications and drawings prepared by a structural engineer, as that term is defined in § 4 of the Structural Engineering Practice Act of 1989, being 225 ILCS 340/4, for each proposed small wireless facility covered by the application as it is proposed to be installed;
(d) The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
(e) A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved; and
(f) Certification that the collocation complies with the Collocation Requirements and Conditions contained herein, to the best of the applicant’s knowledge.
(g) In the event that the proposed small wireless facility is to be attached to an existing pole owned by an entity other than the City, the wireless provider shall provide legally competent evidence of the consent of the owner of such pole to the proposed collocation.
(2) Application Process. The City shall process applications as follows:
(a) The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
(b) 1. An application to collocate a small wireless facility on an existing utility pole or wireless support structure, or replacement of an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and shall be deemed approved if the City fails to approve or deny the application within 90 days after the submission of a completed application.
2. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the City in writing of its intention to invoke the deemed approved remedy no sooner than 75 days after the submission of a completed application.
3. The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the City. The receipt of the deemed approved notice shall not preclude the City’s denial of the permit request within the time limits as provided under this Ordinance.
(c) 1. An application to collocate a small wireless facility that includes the installation of a new utility pole shall be processed on a nondiscriminatory basis and deemed approved if the City fails to approve or deny the application within 120 days after the submission of a completed application.
2. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the City in writing of its intention to invoke the deemed approved remedy no sooner than 105 days after the submission of a completed application.
3. The permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the City. The receipt of the deemed approved notice shall not preclude the City’s denial of the permit request within the time limits as provided under this Ordinance.
(d) 1. The City shall deny an application which does not meet the requirements of this Ordinance.
2. If the City determines that applicable codes, ordinances or regulations that concern public safety, or the Collocation Requirements and Conditions contained herein require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
3. The City shall document the basis for a denial, including the specific code provisions or application conditions on which the denial is based, and send the documentation to the applicant on or before the day the City denies an application.
4. The applicant may cure the deficiencies identified by the City and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee. The City shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require the application to submit a new application with applicable fees, and recommencement of the City’s review period.
5. The applicant must notify the City in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the revised application.
6. Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.
(e) Pole Attachment Agreement. Within 30 days after an approved permit to collocate a small wireless facility on a municipal utility pole, the City and the applicant shall enter into a Master Pole Attachment Agreement, provided by the City for the initial collocation on a municipal utility pole by the application. For subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the City and the applicant shall enter into a License Supplement of the Master Pole Attachment Agreement.
(3) Completeness of Application.
(a) Within 30 days after receiving an application, the City shall determine whether the application is complete and notify the applicant. If an application is incomplete, the City must specifically identify the missing information. An application shall be deemed complete if the City fails to provide notification to the applicant within 30 days after all documents, information and fees specifically enumerated in the City’s permit application form are submitted by the applicant to the City.
(b) Processing deadlines are tolled from the time the City sends the notice of incompleteness to the time the applicant provides the missing information.
(4) Tolling. The time period for applications may be further tolled by:
(a) An express written agreement by both the applicant and the City; or
(b) A local, State or federal disaster declaration or similar emergency that causes the delay.
(5) Consolidated Applications.
(a) An applicant seeking to collocate small wireless facilities within the jurisdiction of the City shall be allowed, at the applicant’s discretion, to file a consolidated application and receive a single permit for the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure.
(b) If an application includes multiple small wireless facilities, the City may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The City may issue separate permits for each collocation that is approved in a consolidated application.
(6) Duration of Permits.
(a) The duration of a permit shall be for a period of not less than 5 years, and the permit shall be renewed for equivalent durations unless the City makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable City codes or any provision, condition or requirement contained in this Ordinance.
(b) If the Small Wireless Facilities Deployment Act is repealed as provided in Section 90 (50 ILCS 840/90) therein, renewals of permits shall be subject to the applicable City code provisions or regulations in effect at the time of renewal.
(7) Means of Submitting Applications. Applicants shall submit applications, supporting information and notices to the City by personal delivery at the City’s designated place of business, by regular mail postmarked on the date due or by any other commonly used means, including electronic mail.
(C) Collocation Requirements and Conditions.
(1) Public Safety Space Reservation. The City may reserve space on municipal utility poles for future public safety uses, for the City’s electric utility uses, or both, but a reservation of space may not preclude the collocation of a small wireless facility unless the City reasonably determines that the municipal utility pole cannot accommodate both uses.
(2) Installation and Maintenance. The wireless provider shall install, maintain, repair and modify its small wireless facilities in safe condition and good repair and in compliance with the requirements and conditions of this Ordinance. The wireless provider shall ensure that its employees, agents or contracts that perform work in connection with its small wireless facilities are adequately trained and skilled in accordance with all applicable industry and governmental standards and regulations.
(3) No interference with public safety communication frequencies.
(a) The wireless provider’s operation of the small wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications.
(b) A wireless provider shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency’s communications equipment.
(c) Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC’s regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a public safety agency.
(d) If a small wireless facility causes such interference, and the wireless provider has been given written notice of the interference by the public safety agency, the wireless provider, at its own expense, shall remedy the interference in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 C.F.R. 22.970 through 47 C.F.R. 22.973 and 47 C.F.R. 90.672 through 47 C.F.R. 90.675.
(e) The City may terminate a permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the Code of Federal Regulations cited in the previous paragraph. Failure to remedy the interference as required herein shall constitute a public nuisance.
(4) (a) The wireless provider shall not collocate small wireless facilities on City utility poles that are part of an electric distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the pole.
(b) However, the antenna and support equipment of the small wireless facility may be located in the communications space on the City utility pole and on the top of the pole, if not otherwise unavailable, if the wireless provider complies with applicable codes for work involving the top of the pole.
(c) For purposes of this subparagraph, the terms COMMUNICATIONS SPACE, COMMUNICATION WORKER SAFETY ZONE, and ELECTRIC SUPPLY ZONE have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers.
(5) The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety.
(6) The wireless provider shall comply with written design standards that are generally applicable for decorative utility poles, or reasonable stealth, concealment and aesthetic requirements that are set forth in a City ordinance, written policy adopted by the City, a comprehensive plan or other written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district.
(7) Alternate Placements.
(a) Except as provided in this Collocation Requirements and Conditions Section, a wireless provider shall not be required to collocation small wireless facilities on any specific utility pole, or category of utility poles, or be required to collocate multiple antenna systems on a single utility pole. However, with respect to an application for the collocation of a small wireless facility associated with a new utility pole, the City may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions, and the alternate location and structure does not impose technical limits or additional material costs as determined by the applicant.
(b) If the applicant refuses a collocation proposed by the City, the applicant shall provide written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this paragraph.
(8) Height Limitations.
(a) The maximum height of a small wireless facility shall be no more than 10 feet above the utility pole or wireless support structure on which the small wireless facility is collocated.
(b) New or replacement utility poles or wireless support structures on which small wireless facilities are collocated may not exceed the higher of:
1. 10 feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted to the City, that is located within 300 feet of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the jurisdictional boundary of the City, provided the City may designate which intersecting right-of-way within 300 feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
2. 45 feet above ground level.
(9) Height Exceptions or Variances. If an applicant proposes a height for a new or replacement pole in excess of the above height limitations on which the small wireless facility is proposed for collocation, the applicant shall apply for a Variance in conformance with procedures, terms and conditions set forth in § 161.120.
(10) Contractual Design Requirements. The wireless provider shall comply with requirements that are imposed by a contract between the City and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
(11) Ground-mounted Equipment Spacing. The wireless provider shall comply with applicable spacing requirements in applicable codes and ordinances concerning the location of ground-mounted equipment located in the right-of-way if the requirements include a waiver, zoning or other process that addresses wireless provider requests for exception or variance and do not prohibit granting of such exceptions or variances.
(12) Undergrounding Regulations. The wireless provider shall comply with local code provisions or regulations concerning undergrounding requirements that prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval if the requirements include a waiver, zoning or other process that addresses requests to install such new utility poles or modify such existing utility poles and do not prohibit the replacement of utility poles.
(13) Collocation Completion Deadline. Collocation for which a permit is granted shall be completed within 180 days after issuance of the permit, unless the City and the wireless provider agree to extend this period or a delay is caused by make-ready work for a municipal utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless the City grants an extension in writing to the applicant.
(D) Application Fees. Application fees are imposed as follows:
(1) Applicant shall pay an application fee of $650 for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure, and $350 for each small wireless facility addressed in a consolidated application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
(2) Applicant shall pay an application fee of $1,000 for each small wireless facility addressed in an application that includes the installation of a new utility pole for such collocation.
(3) Notwithstanding any contrary provision of State law or local ordinance, applications pursuant to this Section shall be accompanied by the required application fee. Application fees shall be non-refundable.
(4) The City shall not require an application, approval or permit, or require any fees or other charges, from a communications service provider authorized to occupy the rights-of-way, for:
(a) routine maintenance;
(b) the replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the City at least 10 days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with subsection (B)(1)(d) titled Application Requirements; or
(c) the installation, placement, maintenance, operation or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with applicable safety codes.
(5) Wireless providers shall secure a permit from the City to work within rights-of-way for activities that affect traffic patterns or require lane closures.
(E) Exceptions to Applicability. Nothing in this Ordinance authorizes a person to collocate small wireless facilities on:
(1) property owned by a private party or property owned or controlled by the City or another unit of local government that is not located within rights-of-way, or a privately owned utility pole or wireless support structure without the consent of the property owner;
(2) property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code; or
(3) (a) property owned by a rail carrier registered under § 18c-7201 of the Illinois Vehicle Code (625 ILCS 5/18c-7201), Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in § 16-102 of the Public Utilities Act (220 ILCS 5/16-102), without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this Ordinance do not apply to an electric or gas public utility or such utility’s wireless facilities if the facilities are being used, developed and maintained consistent with the provisions of subsection (i) of § 16-108.5 of the Public Utilities Act (220 ILCS 5/16-108.5(i)).
(b) For the purposes of this subsection, PUBLIC UTILITY has the meaning given to that term in § 3-105 of the Public Utilities Act (220 ILCS 5/3-105).
(c) Nothing in this Ordinance shall be construed to relieve any person from any requirement:
1. to obtain a franchise or a State-issued authorization to offer cable service or video service or
2. to obtain any required permission to install, place, maintain, or operate communications facilities, other than small wireless facilities subject to this Ordinance.
(F) Pre-Existing Agreements.
(1) Existing agreements between the City and wireless providers that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on City utility poles, that are in effect on June 1, 2018, remain in effect for all small wireless facilities collocated on the City’s utility poles pursuant to applications submitted to the City before June 1, 2018, subject to applicable termination provisions contained therein. Agreements entered into after June 1, 2018, shall comply with this Ordinance.
(2) A wireless provider that has an existing agreement with the City on the effective date of the Act may accept the rates, fees and terms that the City makes available under this Ordinance for the collocation of small wireless facilities or the installation of new utility poles for the collocation of small wireless facilities that are the subject of an application submitted two or more years after the effective date of the Act by notifying the City that it opts to accept such rates, fees and terms.
(3) The existing agreement remains in effect, subject to applicable termination provisions, for the small wireless facilities the wireless provider has collocated on the City’s utility poles pursuant to applications submitted to the City before the wireless provider provides such notice and exercises its option under this paragraph.
(G) Annual Recurring Rate.
(1) A wireless provider shall pay to the City an annual recurring rate to collocate a small wireless facility on a City utility pole located in a right-of-way that equals:
(a) $200 per year or
(b) the actual, direct and reasonable costs related to the wireless provider’s use of space on the City utility pole.
(2) If the City has not billed the wireless provider actual and direct costs, the fee shall be $200 payable on the first day after the first annual anniversary of the issuance of the permit or notice of intent to collocate, and on each annual anniversary date thereafter.
(H) Abandonment.
(1) A small wireless facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of the facility shall remove the small wireless facility within 90 days after receipt of written notice from the City notifying the wireless provider of the abandonment.
(2) The notice shall be sent by certified or registered mail, return receipt requested, by the City to the owner at the last known address of the wireless provider. If the small wireless facility is not removed within 90 days of such notice, the City may remove or cause the removal of such facility pursuant to the terms of its pole attachment agreement for municipal utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
(3) A wireless provider shall provide written notice to the City if it sells or transfers small wireless facilities within the jurisdiction of the City. Such notice shall include the name and contact information of the new wireless provider.
(Prior Code, Art. 21, § 21-500A.3)
The Circuit Court of Jefferson County, Illinois shall have exclusive jurisdiction to resolve all disputes arising under the Small Wireless Facilities Deployment Act. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on municipal utility poles within the right-of-way, the City shall allow the collocating person to collocate on its poles at annual rates of no more than $200 per year per municipal utility pole, with rates to be determined upon final resolution of the dispute.
(Prior Code, Art. 21, § 21-500A.4)
A wireless provider shall indemnify and hold the City harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the City improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this Ordinance and the Act. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the City or its employees or agents. A wireless provider shall further waive any claims that they may have against the City with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
(Prior Code, Art. 21, § 21-500A.5)
(A) The wireless provider shall carry, at the wireless provider’s own cost and expense, the following insurance:
(1) property insurance for its property’s replacement cost against all risks;
(2) workers’ compensation insurance, as required by law; OR
(3) commercial general liability insurance with respect to its activities on the City improvements or rights-of-way to afford minimum protection limits consistent with its requirements of other users of City improvements or rights-of-way, including coverage for bodily injury and property damage.
(B) The wireless provider shall include the City as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the City in a commercial general liability policy prior to the collocation of any wireless facility.
(C) (1) A wireless provider may self-insure all or a portion of the insurance coverage and limit requirement required by the City.
(2) A wireless provider that self-insures is not required, to the extent of the self-insurance, to comply with the requirement for the name of additional insureds under this Section.
(3) A wireless provider that elects to self-insure shall provide to the City evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage limits required by the City.
(Prior Code, Art. 21, § 21-500A.6)
If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable.
(Prior Code, Art. 21, § 21-500A.7)
ZONING REGULATIONS FOR BED AND BREAKFAST ESTABLISHMENTS
(A) A Bed and Breakfast Establishment may be allowed as a Conditional Use in the R-1, Low Density Residential District; R-2, Medium Density Residential District; R-M2, Medium Density Residential District and Mobile Home; R-3, High Density Residential District.
(B) A Bed and Breakfast Establishment shall at all times comply with the regulations set forth herein.
(C) A Bed and Breakfast Establishment shall be located within a single-family residence and shall maintain the appearance of a single-family residence. No mobile home shall be used as a Bed and Breakfast Establishment.
(D) No expansion of the residence shall be allowed to accommodate a Bed and Breakfast Establishment and all guest rooms shall be located in the principal residential structure on the lot.
(E) Not more than fifty percent of the floor area of the residence nor more than five bedrooms shall be devoted to rooms rented as overnight accommodations; each bedroom shall serve no more than two guests.
(F) A Bed and Breakfast Establishment shall be an operator-occupied residence at all times a guest is registered. “Operator” shall mean the owner of the Bed and Breakfast Establishment or the owner’s agent who is required by this Ordinance to reside in the Bed and Breakfast Establishment or upon contiguous property.
(G) The operator of a Bed and Breakfast Establishment shall maintain a guest register including names, addresses and dates of occupancy; such register shall be open to inspection by the appropriate City officials.
(H) Meals served by a Bed and Breakfast Establishment shall only include breakfast and shall only be served to overnight guests. A Bed and Breakfast Establishment which serves breakfast shall comply with the following minimum standards:
(1) Food shall be clean, wholesome, free from spillage, free from adulteration and misbranding and safe for human consumption. Containers of food shall be stored above the floor, on clean racks, shelves or other clean surfaces in such a manner as to be protected from splash or other contamination. Milk of only pasteurized Grade A may be used. Use of home canned food is prohibited except for jams and jellies.
(2) Food shall be protected from contamination while being stored, prepared, and served, and during transportation. Perishable foods shall be stored at temperatures that will protect them against spoilage. Potentially hazardous food shall be maintained at safe temperatures of 45 degrees F. or below, or 140 degrees F. or above, as appropriate, except during necessary periods of preparation and serving. Frozen food shall be kept at temperatures that will keep it frozen, except when being thawed for preparation. Potentially hazardous frozen food shall be thawed at refrigeration temperatures or below, quick thawed as part of the cooking process, or thawed by another method approved by the local Health Department. An indicating thermometer shall be located in each refrigerator. Raw fruits and vegetables shall be washed thoroughly before use. Stuffings, poultry, and pork products shall be cooked to heat all parts of the food at least 165 degrees F. before being served. Salads made of meat, poultry, potatoes, fish, shellfish, or eggs and other potentially hazardous prepared food, shall be prepared from chilled products with a minimum of manual contact. Portions of food once served to an individual may not be served again. Laundry facilities shall be separated from food preparation areas. Live animals shall be excluded from food preparation areas.
(3) No person knowingly infected with a communicable disease that may be transmitted by food handling may work in a Bed and Breakfast Establishment.
(4) If the Bed or Breakfast operator suspects that any employee, family member or the operator himself or herself has a communicable disease, the operator shall notify the local Health Department immediately.
(5) All operators shall be certified. Certification shall be achieved by successfully completing an examination offered by the local Health Department as described in the current edition of the State of Illinois Food Service Sanitation Rules and Regulations.
(6) Persons preparing or serving food or washing utensils shall wear clean outer garments and maintain a high degree of personal cleanliness. They shall wash their hands thoroughly before starting work and as often as necessary while working to remove soil and contaminants. After visiting a toilet room, persons shall wash their hands thoroughly in a lavatory but never in the kitchen sink.
(7) No one, while preparing or serving food, may use tobacco in any form.
(8) Utensils shall be kept clean and in good repair.
(9) Multiuse eating and drinking utensils shall be thoroughly cleaned after each use. Facilities needed for the operations of washing, rinsing and sanitizing shall be provided.
(10) Pots, pans and other utensils used in the preparation or serving of food or drink and all food storage utensils shall be thoroughly cleaned after each use. Cooking surfaces of equipment, if any, shall be cleaned at least once each day. Non-food contact surfaces of equipment shall be cleaned at intervals that will keep them in a clean and sanitary condition.
(11) Residential sinks and home -style mechanical dishwashing machines are acceptable facilities for washing multi-use eating and drinking utensils. Utensils shall be air dried.
(12) Immediately following either manual or mechanical washing of eating or drinking utensils, and pots, pans and other cooking utensils, these utensils shall be effectively sanitized by being submerged in a hypochlorite solution with a chlorine concentration continuously maintained in one hundred parts per million, or another approved sanitizing solution which shall be used at the concentration tested and approved by the local Health Department. Dishpans may be used to accomplish the final sanitizing rinse.
(13) The reuse of single-service utensils is prohibited.
(I) A Bed and Breakfast Establishment shall comply with all Building Codes, Fire Codes, and other Codes of the City of Mt. Vernon; in addition, a Bed and Breakfast Establishment shall meet the following requirements:
(1) Manual extinguishing equipment shall be provided on each floor in accordance with NFPA 10 - Standards for the Installation of Portable Fire Extinguishers.
(2) All combustibles or flammable liquids shall be stored in approved metal containers. No combustible storage in or under stairways.
(3) All trash containers shall be metal.
(4) No cooking facilities nor storage facilities shall be permitted in guest rooms.
(5) All hallways and stairways shall be adequately lighted.
(6) No portable heating devices shall be permitted in guest rooms.
(7) The operator shall submit a floor plan of the Bed and Breakfast Establishment to the Fire Department of the City of Mt. Vernon; in addition if the Bed and Breakfast Establishment is not situated within the corporate limits of the City, the floor plan shall also be submitted to the Jefferson Fire Protection District.
(8) Smoke detectors shall be provided in each guest room.
(J) No guest shall remain in a Bed and Breakfast Establishment for more than fourteen consecutive days and no guest shall reside within the Bed and Breakfast Establishment for more than a total of sixty days in any calendar year.
(K) (1) There shall be one off-street parking space provided on the lot for each bedroom for rent, in addition to the parking requirements for a single-family residence in the applicable Land Use District.
(2) Off-street parking shall not be met by parking within any required front yard.
(L) There shall be no change in the outside appearance of the residence or premises nor other visible evidence of the conduct of a Bed and Breakfast Establishment other than one sign, not exceeding two square foot in area, non-illuminated and mounted flat against the wall of the residence, or one free standing, non-illuminated sign not exceeding two square feet in area, mounted on a single pole or lamppost, not exceeding eight feet in height.
(M) There shall be no retail sales in connection with a Bed and Breakfast Establishment nor any commercial activity conducted other than a Bed and Breakfast Establishment. No Bed and Breakfast Establishment shall sell or serve alcoholic liquor upon its premises.
(N) A Bed and Breakfast Establishment shall maintain liability insurance to protect its guests and others at all times that the residence is operated, maintained, or advertised as a Bed and Breakfast Establishment.
(O) A Bed and Breakfast Establishment shall be subject to all hotel taxes imposed by the State of Illinois or the City of Mt. Vernon.
(P) Bed and Breakfast Establishment shall be subject to additional reasonable requirements necessary to protect the public health, safety and general welfare as determined by the City Council of the City of Mt. Vernon.
(Prior Code, Art. 21, § 21-600)
Section
1 Introduction and instructions
2 Architectural design guidelines
2.1 Architectural Scale, Mass & Proportion
2.2 360° Architecture
2.3 Windows & Entryways
2.4 Awnings & Canopies
2.5 Building Materials & Detail
2.6 Cornices & Parapets
2.7 Roofs and Eaves
3.1 Retail
3.2 Office
3.3 Hotel/Assisted Living
3 Case studies
3.1 Retail
3.2 Office
3.3 Hotel/Assisted Living
3.4 Commercial Warehouse
Intent:
The intent of the design review process is to identify the City’s expectations with regard to the design of commercial buildings and to provide a consistent framework that facilitates the review and approval of commercial buildings in a cost-effective and timely manner. The Commercial Design Handbook promotes architecture that fits within and contributes to the character and context of the City’s existing commercial districts. The guidelines are meant to help achieve good design, not a certain stylistic result. The Commercial Design Handbook establishes criteria for building design and the established site plan review process. The Handbook breaks commercial architecture into seven (7) general elements. Each of the elements includes an intent and architectural design guidelines. Sketches, photographs and descriptive captions are used to aid in the understanding of the preferred design solutions and illustrate design solutions to avoid.
The Handbook does not dictate solutions, but rather provides general guidelines and examples intended to help guide developers in making decisions for a variety of specific design issues. The guidelines should be interpreted with a degree of flexibility to better respond to the varying conditions and constraints inherent to individual sites and complexities of commercial development. The Handbook is intended to assist designers, developers and owners in the preparation of development proposals and assist the City’s elected and appointed decision-makers in the review and consideration of commercial applications. The Commercial Design Handbook is based on the City’s Comprehensive Plan commercial design goals and objectives. There is no intent to create an architectural review board or additional layer of review.
Key Objectives:
The goal of the Commercial Design Handbook is to enhance the visual character of the City’s commercial districts by promoting better architecture. The objectives of the Commercial Design Handbook are to:
1. Serve as a predictable guide for change that provides the needed flexibility to respond to conditions and constraints inherent to specific sites and evolving trends in commercial development.
2. Balance the economic requirements of the development with aesthetic concerns of the community.
3. Create an attractive physical environment for businesses that encourages sustainable building practices.
4. Promote architectural continuity and building designs that are adaptable to multiple uses for extended building lifecycles.
5. Convey a sense of human scale by strengthening the pedestrian environment through the use of pedestrian features, landscaping and meaningful outdoor spaces that relate to one another.
When Required:
Commercial developments that require site plan review, particularly as part of a planned use or special use permit, would be subject to these general guidelines. Please note that other city regulations and ordinances may also influence the proposed design of future projects, such as:
1. City building codes
2. Americans with Disabilities Act & Illinois Accessibility Code
3. NPDS Phase I & Phase II Requirements
4. Scott Air Force Base Joint Land Use Study Recommendations
5. Use of Economic Incentives
Procedures:
The design review process starts with a pre-application meeting with City staff. The intent of the pre-application meeting is to inform the petitioner of the City’s site plan and building design review procedures and familiarize the City with the proposed development. As part of the preliminary review, the petitioner should provide a conceptual sketch of the proposed building(s) and a general description of the development including the proposed use or uses, furnished floor area, building height, number of stories, proposed construction type and proposed building materials.
After the pre-application meeting, the petitioner may submit the necessary items for review pursuant to the City’s Site Development Plan review procedures. The review of a proposed building’s design would typically occur during the general site plan review rather than through a separate track to help expedite the project in a timely manner. Applications should include the following:
1. A site plan containing the information required pursuant to the City’s Zoning Code.
2. Architectural elevations showing the proposed exterior building design and materials, including dimensions.
3. Sections of the site showing the existing and proposed grade elevations and building heights.
4. Boards showing samples of exterior building material samples, building colors, finishes and materials may be provided to better illustrate proposed design concepts.
Intent:
The intent of the architectural scale and mass guidelines is to utilize a building’s massing, façade, windows and entryways to create an identifiable order of horizontal and vertical elements. Negative visual impacts arising from the scale, bulk and mass inherent to large buildings and shopping centers should be mitigated through the application of these guidelines.
Guidelines:
Massing should relate to the site and be consistent or compatible with the scale, form and proportion of existing development in the immediate area by addressing the following guidelines:
1. Break up the Façade. The use of recesses and projections should be used to create articulations and shadow lines that help break up the massing of large buildings. The minimum depth of a recessed or projected surface should be one foot and the minimum width should be five feet.
2. Integration. Large buildings should integrate features along façades visible from the public right-of-way and pedestrian routes and entries to reduce the apparent building mass and achieve an architectural scale consistent with other nearby structures.
3. Base, Middle & Top Proportions: The vertical mass in multi-story buildings should be divided into smaller scale components that include a base, middle and top to reduce the perceived height and create architectural interest. First floors should be taller than upper floors and differentiated architecturally to create a sense of human scale.
4. Window & Entryway Treatments. Provide window and entryway treatments in façades visible from streets to reinforce the human scale and create architectural interest. Windows and doors should include decorative mullions, lintels, sills, glazing, and framing details. (See also Section 2.3.)
5. Architectural Elements: The mass of large buildings can be made more visually interesting by incorporating architectural components such as awnings, balconies, bay windows, dormers, building-mounted lighting fixtures or sconces, cornices and parapets.
6. Rooflines: A distinctive roofline can reduce perceived building height and mass, increase compatibility with smaller scale and/or residential development, and add interest to the overall design of the building. (See also Section 2.7.)
7. Materials: When there is a change in the building plane, consider a change in the building materials, colors, or patterns. (See also Section 2.5.)
8. Landscaping: Provide trees complimented with low lying bushes and perennials that relate to the architectural massing of the façade and provide seasonal color, contrast and texture.
9. Tenant Liners: In shopping centers with anchor tenants, the use of smaller tenant spaces lining the entrances of street-facing façades should be used to reduce the apparent bulk by breaking-up the overall building façade. (See also Section 2.3.)
ILLUSTRATED GUIDELINES
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